SATISHBHAI NATUBHAI BARIA Vs. SARTANBHAI GULSINH RATHVA

JUDGEMENT

(1.) The captioned appeal is filed against the impugned judgment and award dtd. 7/9/2019, passed by learned Motor Accident Claims Tribunal (Auxiliary), Panchmahals at Halol in MACP No.2618/2017, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.2,91,525.00 along with interest at the rate of 9% per annum from the date of filing of claim petition till its realization. While fastening the liability, the learned Tribunal has exonerated the insurance company from satisfying the impugned judgment and award.

(2.) Being aggrieved and dissatisfied with the impugned judgment and award, the appellant herein challenged the impugned judgment and award on the ground that the insurance company was exonerated from satisfying the award.

(3.) At the outset, Mr. K.K. Thakkar, learned counsel for the appellant submitted that the claimant is a third party and he sustained the injuries owing to the negligence of driver-cum-owner of Chhakdo Rickshaw bearing registration no.GJ.17.TT.8273. He further submitted that being a third party, the learned Tribunal could have directed the insurance company to first satisfy the award and thereafter, recover the same from the driver-cum-owner of the said Chhakdo Rickshaw. In support of his contention, learned counsel for the appellant placed the reliance upon the judgment of Hon'ble Apex Court rendered in the case of National Insurance Company Ltd. Vs. Swaran Singh & Ors., reported in 2004 (1) G.L.H. 691, Mani Venkatesh S/O Palpandrum Vs. M/s. ICICI Lombard General Insurance Co. Ltd. & Ors., passed in Civil Appeal No.8526 of 2018, Singh Ram Vs. Nirmala, reported in 2018 ACJ 1264 and New India Assurance Co. Ltd. Vs. Manjit Kaur, reported in AIR 2004 SC 2864.